Accidents caused by the negligence of a person or company can occur at work, while driving, while using a product or at a store or business. If you or a loved one has been physically injured due to the negligence or unreasonable and unsafe actions of a person or company, contact the attorneys at the Nomberg Law Firm to discuss your personal injury claim.
One of our clients, a school teacher in Walker County, Alabama, was seriously injured while working when her vehicle ran into ditch and struck a cement culvert head-on. She sustained serious personal injuries throughout her body. After a month long hospitalization, rehab and sedentary limitations for more than four months, we were able to settle her claim against a city in northern Alabama for the municipality cap of $100,000. The crux of the case was that approximately ten days before our client’s accident, another accident occurred in the same stretch of roadway leaving large gashes in the driving area of the road. The city was notified of the damaged roadway but failed to repair the damages prior to our client’s accident. The city only repaired the roadway after our client was seriously injured.
Known in the legal profession as tort law, personal injury law is a cornerstone of our American system of justice. It is such an important part of our legal system that each and every attorney took a personal injury course in the first year of law school, at every law school in the country.
What is meant by personal injury law, or tort law. Well, one of the beauties personal injury law that on one hand it is very simple. At its core, personal injury law is the law of making victims of negligence and other types of thoughtless behavior. While the definition of this area of law is so simple it is almost elegant, actually making a victim whole can be quite complex.
Under the norms of personal injury law, when a person or company acts negligently and causes harm to another, the law demands all the damages associated with the injury be paid by the negligent party. But people seldom fess up to wrongdoing and freely open their checkbooks to pay for damages. And when insurance companies get involved the situation can get even more complex. That is why it takes the help of a trained, experienced attorney to get personal injury victims their due.
Typical Examples of Personal Injury
Perhaps the most obvious example, and most practiced area of personal injury law involves car accidents. Most of the people in this country start their day driving, and end it the same way. Each day, many millions of us get behind the wheel and take on the road. Unfortunately, drivers do not always make the right decisions, and accidents happen. When they do, the responsible party should be made to pay for the damages, and we can help make that happen.
But personal injury law is not at all limited to car accidents. As social creatures we interact with each other throughout most of our lives. We shop at stores, use sidewalks, interact with neighbors, and otherwise go about our lives the best we know how. In each situation we find ourselves in, there is potential for personal injury. It can be at a store where employees neglect to clean up a spill and someone slips and falls causing lasting, permanent damages. It could be something as simple as using an electronic tool that malfunctions and causes serious injuries. It could be a neighbor’s vicious dog attacking and hurting someone.
There are too many potential situations for personal injuries to occur to limit them to a simple list. But if you are injured because of another’s negligence, there are remedies available to you. And those remedies are best pursued by the right attorney.
How Personal Injury Law Works
After being injured in an accident, in whatever way it happens, the victim then must make the decision whether to hold the responsible party accountable, or no. Every personal injury case begins with a demand being made on the negligent party. It could be a company, person, car-driver, or anyone who caused an accident. Once a proper demand is made and denied, the case will then move to court.
Under the law, personal injury victims must prove prove four elements to be successful in a personal injury lawsuit. Those four elements are: duty; breach of the duty; causation; and, harm. The duty is the common duty that each of us owes one another to act reasonably in a way to not cause harm. When we breach that duty and cause harm, no matter how slight or serious, then liability lies with the person who acted unreasonably. Easy to say, not as easy to enforce.
Birmingham's Personal Injury Law Firm
Most times, the only way to enforce these common law rights of making negligent people pay for the harm they cause is by enlisting a personal injury firm to do so. The Nomberg Law Firm is Birmingham’s choice for personal injury law. Our team of talented, experienced professionals will take your case to the negligent party, and do everything possible to ensure you get the best result available in your case. If you or someone you love has been injured by another’s negligence, contact us. We look forward to helping you.